National Health Act- Commencement 3

INDEX

INDEX 2

NATIONAL HEALTH ACT- COMMENCEMENT 3

NEM:AQA: DUST CONTROL REGULATIONS 5

TRADE METROLOGY: AMENDMENT OF REGULATIONS 11

NEM: PROTECTED AREAS 13

PROPOSED LEVY ON THE PIPED-GAS AND PETROLEUM PIPELINE INDUSTRIES FOR 2014/15 17

MINING : PROPOSED TECHNICAL REGULATIONS FOR PETROLEUM EXPLORATION AND EXPLOITATION 19

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 REGULATIONS PRESCRIBING THE FORMAT OF THE ATMOSPHERIC IMPACT REPORT 25

NATIONAL HEALTH ACT- COMMENCEMENT

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KEY WORDS

PROCLAMATION No. 37, 2013

COMMENCEMENT OF THE NATIONAL HEALTH AMENDMENT ACT, 2013 (ACT NO. 12 OF 2013)

IN A NUTSHELL

Take note that in terms of section 9 of the National Health Amendment Act, 2013 (Act No. 12 of 2013)("the Act") all the sections of the Act save for sections 2 and 3 of the Act, shall come into operation on 02 September 2013.

Given under my Hand and the Seal of the Republic of South Africa at Cape Town on this 21 day of August, Two Thousand and Thirteen.

REFERENCE

PROCLAMATION No. 37, 2013

COMMENCEMENT OF THE NATIONAL HEALTH AMENDMENT ACT, 2013 (ACT NO. 12 OF 2013)

APPLIES TO IMPACT & ACTION

Applies to:

Public hospitals and clinics.

Impact:

The National Health Amendment Actsignificantly alters the National Health Act.

The amendment act introduces:

· the Office of Health Standards Compliance (OHSC), which is empowered to monitor and enforce health standards in all health establishments throughout the country, including both private and public hospitals and clinics.

· an inspectorate who will ensure compliance by health establishments with stated and prescribed norms and standards which are yet to be published for public consumption;

· the appointment of an ombudsman to deal with patient-consumer complaints in respect of a lack of delivery of care where a health establishment fails to adhere to a particular norm or standard.

a complaints process extensively awarding rights to patients and consumers who are dissatisfied with the services that they have received in hospital.

LINKS

NATIONAL HEALTH ACT, 61 OF 2003

NEM:AQA: DUST CONTROL REGULATIONS

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KEY WORDS

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004
(ACT NO. 39 OF 2004)

NATIONAL DUST CONTROL REGULATIONS

IN A NUTSHELL

Take note of the National Dust Control Regulations, made in terms of section 53(o), read with section 32 of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004.

Below is a run down of these regulations:

1. DEFINITIONS

"ASTM D1739"means the American Standard for Testing and Materials method D1739, which is the standard test method for the collection and measurement of dust fall;

"dust (or settleable particulate matter)"means any material composed of particles small enough to pass through a 1 mm screen and large enough to settle by virtue of their weight into the sampling container from the ambient air.

"dustfall"means the deposition of dust;

"dustfall monitoring programme"means monitoring of the dustfall on a continuous basis;

"Non- residential area"means any area not classified for residential use as per local town planning scheme;

"premises"means any land and structures thereon including stockpiles of materials, roadways and other means of conveyance, from which dust may be generated through anthropogenic or natural activities or processes;

"residential area"means any area classified for residential use in terms of the local town planning scheme; and

"the Act"means National Environmental Management: Air Quality Act, 2004 (Act No.39 of 2004).

2. PURPOSE OF THE REGULATIONS

The purpose of the regulations is to prescribe general measures for the control of dust in all areas.

3. DUST FALL STANDARD

A standard for the acceptable dust fall rate is set out in Table 1 for residential and non- residential areas.

Table 1: Acceptable dust fall rates

Restriction Areas / Dust fall rate (D) (mg/m2/day, 30- days average) / Permitted frequency of exceeding dust fall rate
Residential area / D<600 / Two within a year, not sequential months.
Non-residential area / 600<D<1200 / Two within a year, not sequential months.

The method to be used for measuring dust fall rate and the guideline for locating sampling points shall be ASTM D1739:1970, or equivalent method approved by any internationally recognized body.

4. DUSTFALL MONITORING PROGRAMME

The air quality officer may require any person, through a written notice, to undertake a dust fall monitoring programme if:

· the air quality officer reasonably suspects that the person is contravening regulation 3; or

· the activity being conducted by the person requires a fugitive dust emission management plan as per the notice published in terms of section 21 of the Act.

Any person who conducts any activity in such a way as to give rise to dust in quantities and concentrations that may exceed the dust fall standard set out in regulation 3 must, upon receipt of a notice from the air quality officer, implement dust fall monitoring programme.

A person required to implement the dust fall monitoring programme must, within a specified period, submit a dust fall monitoring report to the air quality officer.

If a person who is required to implement the dust fall monitoring programme has an existing one, the reports of that programme shall be accepted by the air quality officer if it meets the requirements of regulation 5.

A dust fall monitoring programme must include:

(a) the establishment of a network of dust monitoring points using method ASTM D1739: 1970 (or equivalent), sufficient in number to establish the contribution of the person to dustfall in residential and non-residential areas in the vicinity of the premises, to monitor identified or likely sensitive receptor locations, and to establish the baseline dustfall for the district; and

(b) a schedule for submitting to the air quality officer, dustfall monitoring reports annually or at more frequent intervals if so requested by the air quality officer.

5. DUSTFALL MONITORING REPORT

A dustfall monitoring report must provide:

(a) information on the location of sampling sites, including latitudinal and longitudinal coordinates, and a position indicator on a topographic map;

(b) classification of the area where samplers are located, in terms of residential and non- residential, and identification of sensitive receptors;

(c) reference to the standard methods used for site selection, sampling and analysis, and any methods/laboratory accreditation, if applicable;

(d) the dustfall monitoring results including a comparison of current year and historical results (if any) for each site, and including a tabular summary of compliance with the dustfall standard set out in regulation 3;

(e) meteorological data (wind speed and direction, rainfall) for the sampling area; and

(f) any other relevant data that might influence the results.

6. MEASURES FOR THE CONTROL OF DUST

Any person who has exceeded the dustfall standard set out in regulation 3 must, within three months after submission of the dustfall monitoring report, develop and submit a dust management plan to the air quality officer for approval.

A dust management plan, must:

(a) identify all possible sources of dust within the affected site;

(b) detail the best practicable measures to be undertaken to mitigate dust emissions;

(d) identify the line management responsible for implementation;

(e) incorporate the dust fallout monitoring plan; and

(f) establish a register for recording all complaints received by the person regarding dustfall, and for recording follow up actions and responses to the complainants.

A dust management plan must be implemented within a month of the date of approval.

An implementation progress report must be submitted to the air quality officer at agreed time intervals.

7. AMBIENT AIR QUALITY MONITORING FOR PM10

An air quality officer may require any person to undertake continuous ambient air quality monitoring for PM10 in accordance with a notice published in terms of section 9 of the Act, if the dust fall monitoring report indicates non-compliance with regulation 3.

8. OFFENCES

A person is guilty of an offence if that person contravenes or fails to comply with a provision of regulation 4 (2) and (3), 6(1); (3) and (4) or 7.

9. PENALTIES

A person convicted of an offence is liable to

· in the case of a first conviction to a fine not exceeding R5 million or to imprisonment for a period not exceeding five years; and

· in the case of a second or subsequent conviction to a fine not exceeding R10 million or imprisonment for a period not exceeding 10 years and in respect of both instances to both such fine and such imprisonment.

SHORT TITLE AND COMMENCEMENT

These regulations are called the National Dust Control Regulations, 2013.

REFERENCE

No. R. 8271 November 2013

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004
(ACT NO. 39 OF 2004)

NATIONAL DUST CONTROL REGULATIONS

APPLIES TO IMPACT & ACTION

Applies to:

All areas in South Africa– residential and non residentil

Impact:

The purpose of the regulations is to prescribe general measures for the control of dust in all areas.

Acceptable Dustfall standard- A standard for the acceptable dustfall rate is for residential and non- residential areas as follow:.

Restriction Areas / Dustfall rate (D) (mg/m2/day, 30- days average) / Permitted frequency of exceeding dust fall rate
Residential area / D<600 / Two within a year, not sequential months.
Non-residential area / 600<D<1200 / Two within a year, not sequential months.

The method to be used for measuring dustfall rate and the guideline for locating sampling points shall be ASTM D1739:1970, or equivalent method approved by any internationally recognized body.

Dustfall monitoring programme- The air quality officer may require any person, through a written notice, to undertake a dustfall monitoring programme as if:

· the air quality officer reasonably suspects that the person is contravening regulation 3; or

· the activity being conducted by the person requires a fugitive dust emission management plan as per the notice published in terms of section 21 of the Act.

Any person who conducts any activity in such a way as to give rise to dust in quantities and concentrations that may exceed the dustfall standard set out in regulation 3 must, upon receipt of a notice from the air quality officer, implement dustfall monitoring programme.

A person required to implement the dustfall monitoring programme must, within a specified period, submit a dustfall monitoring report to the air quality officer.

If a person who is required to implement the dustfall monitoring programme has an existing one, the reports of that programme shall be accepted by the air quality officer if it meets the requirements of regulation 5.

A dustfall monitoring programme must include:

· the establishment of a network of dust monitoring points using method ASTM D1739: 1970 (or equivalent), sufficient in number to establish the contribution of the person to dustfall in residential and non-residential areas in the vicinity of the premises, to monitor identified or likely sensitive receptor locations, and to establish the baseline dustfall for the district; and

· a schedule for submitting to the air quality officer, dustfall monitoring reports annually or at more frequent intervals if so requested by the air quality officer.

Dustfall monitoring report

A dustfall monitoring report must provide:

LOCATION OF SAMPLING SITES

-information on the location of sampling sites, including latitudinal and longitudinal coordinates, and a position indicator on a topographic map;

AREAS

- classification of the area where samplers are located, in terms of residential and non- residential, and identification of sensitive receptors;

METHODOLOGY

- reference to the standard methods used for site selection, sampling and analysis, and any methods/laboratory accreditation, if applicable;

RESULTS

-the dustfall monitoring results including a comparison of current year and historical results (if any) for each site, and including a tabular summary of compliance with the dustfall standard set out in regulation 3;

METEOROLOGICAL DATA

-meteorological data (wind speed and direction, rainfall) for the sampling area; and

OTHER

-any other relevant data that might influence the results.

Measures for the control of dust- Any person who has exceeded the dustfall standard set out in regulation 3 must, within three months after submission of the dustfall monitoring report, develop and submit a dust management plan to the air quality officer for approval.

The dust management plan must:

SOURCES OF DUST IN AREA

-identify all possible sources of dust within the affected site;

MITIGATION LEVELS

-detail the best practicable measures to be undertaken to mitigate dust emissions;

IMPLEMENTATION SCHEDULE

- detail an implementation schedule;

LINE MANAGEMENT RESPONSIBLE FOR IMPLEMENTAIOTN

-identify the line management responsible for implementation;

DUST FALL OUT MONITORING PLAN

-incorporate the dust fallout monitoring plan; and

COMPLAINTS REGISTER

-establish a register for recording all complaints received by the person regarding dustfall, and for recording follow up actions and responses to the complainants.

A dust management plan must be implemented within a month of the date of approval.

An implementation progress report must be submitted to the air quality officer at agreed time intervals.

Ambient air quality monitoring for PM10 - an air quality officer may require any person to undertake continuous ambient air quality monitoring for PM10 if the dustfall monitoring report indicates non-compliance with the minimum dust levels under Regulation 3.

Any non-compliance with these regulations will result in:

on a first offence- a fine not exceeding R5 million or to imprisonment for a period not exceeding five years; and
in the case of a second or subsequent conviction to a fine not exceeding R10 million or imprisonment for a period not exceeding 10 years and in respect of both instances to both such fine and such imprisonment.

Action:

Measure dust levels and ensure that they fall within permitted levels. If they exceed these levels implment a dust fall out monitoring and remedial plan as prescribed.

TRADE METROLOGY: AMENDMENT OF REGULATIONS

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KEY WORDS

TRADE METROLOGY ACT, 1973 (ACT NO. 77 OF 1973)